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Article 107 - Notification of Judgments and Sentences

from III - Judicial Proceedings

Published online by Cambridge University Press:  21 August 2021

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Summary

Article 107 requires that the Detaining Power submit to theProtecting Power two types of communication concerning any judgmentsand sentences pronounced on an accused prisoner of war. The firsttype is a summary communication to be despatched immediatelyfollowing any judgment or sentence passed, even if it is not final.This communication must include a summary of the judgment andsentence and should indicate whether the prisoner has the right ofappeal, as provided for in Article 106. The same communication mustalso be sent to the prisoners’ representative and the accusedprisoner of war, if the latter was not present at the moment ofsentencing. The second type is a more detailed communication thatmust be made in the event of a final conviction or if the deathpenalty has been pronounced, irrespective of the instance thatpronounced it. The detailed communication must include the precisewording of the finding and sentence, a summarized report of anypreliminary investigation and of the trial, and notification of theestablishment where the sentence will be served.

Type
Chapter
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Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
, pp. 1519 - 1528
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Henckaerts, Jean-Marie and Doswald-Beck, Louise, Customary International Humanitarian Law, Volume I: Rules, ICRC/Cambridge University Press, 2005, commentary on Rule 100, https://www.icrc.org/customary-ihl/eng/docs/v1_rul.CrossRefGoogle Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978, pp. 315342 (‘The punishment of prisoners of war’).Google Scholar
Maia, Catherine, Kolb, Robert and Scalia, Damien, La Protection des Prisonniers de Guerre en Droit International Humanitaire, Bruylant, Brussels, 2015, pp. 418433 (‘Poursuites judiciaires’).Google Scholar
Rosas, Allan, The Legal Status of Prisoners of War: A Study in International Humanitarian Law Applicable in Armed Conflicts, Institute for Human Rights, Åbo Akademi University, Turku/Åbo, 1975, reprinted 2005, pp. 453457 (‘Penal and disciplinary sanctions’).Google Scholar
Rowe, Peter, ‘The trial of prisoners of war by military courts in modern armed conflicts’, in Harvey, Caroline, Summers, James and White, Nigel D. (eds), Contemporary Challenges to the Laws of War: Essays in Honour of Professor Peter Rowe, Cambridge University Press, 2014, pp. 313336.CrossRefGoogle Scholar
Rowe, Peter, ‘Penal or Disciplinary Proceedings Brought against a Prisoner of War’, in Clapham, Andrew, Gaeta, Paola and Sassòli, Marco (eds), The 1949 Geneva Conventions: A Commentary, Oxford University Press, 2015, pp. 10251038.Google Scholar

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